Utah Code 58-50-9. Standards of conduct for private probation providers — Contracts — Reports
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(1) As used in this section, “licensee” means the same as that term is defined in Section 26B-2-101.
Terms Used In Utah Code 58-50-9
- Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the particular court that orders probation in a case. See Utah Code 58-50-2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). See Utah Code 58-50-2
- Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(2) The private probation provider:
(2)(a) shall maintain impartiality toward all parties;
(2)(b) shall ensure that all parties understand the nature of the process, the procedure, the particular role of the private probation provider, and the parties’ relationship to the private probation provider;
(2)(c) shall maintain confidentiality or, in cases where confidentiality is not protected, the private probation provider shall so advise the parties;
(2)(d) shall:
(2)(d)(i) disclose any circumstance that may create or give the appearance of a conflict of interest and any circumstance that may reasonably raise a question as to the private probation provider’s impartiality; and
(2)(d)(ii) if the contract probation supervisor perceives or believes a conflict of interest to exist, the contract probation supervisor shall refrain from entering into those probation services;
(2)(e) shall adhere to the standards regarding private probation services adopted by the licensing board;
(2)(f) shall:
(2)(f)(i) comply with orders of court and perform services as directed by judges in individual cases; and
(2)(f)(ii) notify the court that the private probation provider is providing supervision services to a defendant;
(2)(g) shall perform duties established under Section 77-18-105, as ordered by the court;
(2)(h) beginning July 1, 2022, may not provide private probation in a county where an agency of local government provides probation services unless the private probation provider has entered into a contract with the agency of local government;
(2)(i) shall provide a report each month to each county sheriff where the private probation provider provides private probation identifying:
(2)(i)(i) each individual currently supervised in the county by the private probation provider;
(2)(i)(ii) the crimes each individual supervised committed;
(2)(i)(iii) the level of supervision that is being provided for each individual; and
(2)(i)(iv) any other information related to the provision of private probation that the county sheriff determines is relevant; and
(2)(j) may not solicit defendants as supervision clients on any property that operates as a court of justice as described in Section 78A-1-101.
(3) If, after conducting a screening of a defendant’s risk and needs, a private probation provider determines that a defendant requires a specific assessment, treatment, or other services, the private probation provider shall:
(3)(a) provide the defendant a list of all available licensees that provide the assessment, treatment, or other services; and
(3)(b) permit the defendant to select a licensee described in Subsection (3)(a) with which to complete the required assessment, treatment, or other services.
(4)
(4)(a) Except as provided in Subsection (4)(b), a private probation provider that is a licensee may not simultaneously provide to a defendant private probation services and other services for which the private probation provider receives compensation, including:
(4)(a)(i) mental health therapy services;
(4)(a)(ii) education services; or
(4)(a)(iii) rehabilitation services.
(4)(b) A private probation provider that is a licensee may simultaneously provide private probation services and other services as described in Subsection (4)(a) if:
(4)(b)(i) no other licensees that provide the services are located within 50 miles of the defendant’s residence; and
(4)(b)(ii) the private probation provider obtains the defendant’s written informed consent.
(4)(c) The written informed consent described in Subsection (4)(b) shall include:
(4)(c)(i) a description of the services other than private probation services the private probation provider will provide;
(4)(c)(ii) a separate paragraph describing how the defendant can withdraw consent;
(4)(c)(iii) a separate paragraph describing grievance procedures, including how to contact and file a complaint with the division‘s investigation office; and
(4)(c)(iv) a separate paragraph informing the defendant of the potential conflict of interest.
(5) A contract described in Subsection (2)(h) shall include a description of the fees the private probation provider will charge a defendant who is supervised by the private probation provider.